Chapter

Equality in the Context of Disability

Jayna Kothari

in The Future of Disability Law in India

Published in print March 2012 | ISBN: 9780198077626
Published online September 2012 | e-ISBN: 9780199080960 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198077626.003.0009
Equality in the Context of Disability

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This chapter examines the concept of equality for persons with disability in the context of the Persons with Disabilities (PWD) Act of 1995 in India. It suggests that while the PWD Act is possibly the first anti-discriminatory piece of legislation in India for persons with disabilities, it is limited in scope as it does not make out a full case for equality for all persons with disability. It proposes the application of the principle of substantive equality to address the flaws of the PWD Act and reviews how equality and non-discrimination under the Indian Constitution have been interpreted in some Supreme Court cases in the field of disability. It argues that argues that disability can be considered as a ground analogous to the enumerated grounds for discrimination under Article 15(1) and, therefore, can be appropriately considered as a marker for non-discrimination.

Keywords: equality; persons with disability; Indian Constitution; Supreme Court cases; discrimination

Chapter.  10481 words. 

Subjects: Human Rights and Immigration

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